• The TUGBBS forums are completely free and open to the public and exist as the absolute best place for owners to get help and advice about their timeshares for more than 30 years!

    Join Tens of Thousands of other Owners just like you here to get any and all Timeshare questions answered 24 hours a day!
  • TUG started 31 years ago in October 1993 as a group of regular Timeshare owners just like you!

    Read about our 30th anniversary: Happy 31st Birthday TUG!
  • TUG has a YouTube Channel to produce weekly short informative videos on popular Timeshare topics!

    Free memberships for every 50 subscribers!

    Visit TUG on Youtube!
  • TUG has now saved timeshare owners more than $23,000,000 dollars just by finding us in time to rescind a new Timeshare purchase! A truly incredible milestone!

    Read more here: TUG saves owners more than $23 Million dollars
  • Sign up to get the TUG Newsletter for free!

    Tens of thousands of subscribing owners! A weekly recap of the best Timeshare resort reviews and the most popular topics discussed by owners!
  • Our official "end my sales presentation early" T-shirts are available again! Also come with the option for a free membership extension with purchase to offset the cost!

    All T-shirt options here!
  • A few of the most common links here on the forums for newbies and guests!
Joined
Apr 4, 2024
Messages
39
Reaction score
4
(This post is being updated as the situation updates)

My mum got herself into a stupid timeshare, and she is below the poverty line (myself included), the sales person who works for the timeshare was the Spanish translator.
The contract was also presented AFTER the sales pitch.
The notary wasn't present during the sales, and the documents were never revised, nor was a legal translator present to translate the contract. He simply made them sign each page.

I looked up Exploria Resorts Club etc and it seems legit in the sense that it's functioning with people stuck in it, and has impossibly bad reviews.

I know nothing about timeshares, and unless I was a millionaire, I'd never be in one.
My mum shouldn't be in one. Her and her dumb friend got into one.

I need to know how to get her out of it.

I learned some other things too, which makes this situation even worse.

Upon further discussion to better understand how this all happened and how to pursue, the friend who signed (we'll refer to her as C for now), didn't even know it was a timeshare.

They didn't discuss the loan in detail, they didn't discuss the interest rate, they didn't discuss the assessment and club fees. They simply said they'd pay a split of less than $300 a month, and maintenance fees. That's all they said my mum and C would have to worry about.

The sales person (who spoke fluent Spanish), fluffed up this "opportunity" for 3 hours. Afterwards she brought in some guy (The Notary), and that's when they provided the contract in print, but in English, having the Spanish translation available but not providing it.
No revision of the contact was done in the notary's part. No legal translator was present or offered.

My mum asked for a copy of the contact, and that's when they asked if she wanted it in Spanish which means: the sales person/Translator and notary did not bother to provide the contract in Spanish to discuss, knowing the language barrier was present.

They didn't discuss the assessment fees, club dues, or the interest rate. They told her she could "pay it off" in 21 payments.... Which is absolute bull because that totals to less than $6k.

A real estate agent I know said I should contact the real estate commission of FL and explain that they were taking advantage of my mums language barrier, and refused to properly explain parts of the documents that my mum could NOT follow along with because again, it was all in English, being translated by someone who works as a notary in Exploria Resorts.

In other words: The Notary acknowledged the language barrier, chose to not provide the available translation of the documents, and did not explain parts of the contract when translating.
They also did not sit and revise the contract, there was no legal translator present to go over the printer document. They presented this as more of a subscription that could be cancelled at any time vs a timeshare.

My roommate did some digging and found that Exploria is very sketchy, has low review rates (they supplied my mum and C with the guarantee of luxury services), and they wouldn't be surprised if they get hit with a class action soon.

As anyone reading could understand, I'm extremely angry and I'm not backing down, so anyone who can help with information to get this undone for legitimately concerning reasons, please help.

So far:
- C was invited to a resort for opportunities, promised with a pay of $200 for listening in
- C asked my mum to join her
- This took place in FL, my mum and C live in KY
- A Spanish speaking Exploria Resorts sales person presented the opportunities of being part of the resort for 3 hours, not giving C or my mum any time to consider.
NO CONTRACT WAS PRESENT FOR THE 3 HOUR SALES PITCH
- The promise was only $250 a month and some static maintenance fees, and that was all they had to worry about.
- The total was $14k for the property. No discussion of interest rate, or the $15k 16.90%. interest
- After C and my mum said they may consider, the sales person brought in the notary.
- The notary acknowledged that they spoke Spanish and my mum did not speak or read in English
- This was when the contract was finally presented. Again, the sales person did not discuss anything in the contract accurately, and no contract to go over was present during the 3 hours.
- The notary did not have a legal translator present to go over the contract
- The notary did not discuss the contract and simply asked them to sign promising that the contract just had what the sales person discussed

What is being done:
- Told my mum to not hire a timeshare lawyer and to avoid exit companies
- The sales person said that the notary would be fine with making C the one paying from a credit in an attempts to remove joint responsibility for the contract, but obviously my mums social remains and she can still be affected if C doesn't pay on time or pay.
- My mum has not provided a credit card to Exploria, but C has.
- Contacted the General Attorney in FL
- Am in the process of filing our an online form as directed by the GA.
- Will be adding links providing similar tactics and cases scattered online regarding Exploria, suggest further investigation in hopes of launching a CAL in the future (this is gonna be my goal regardless of whether or not my mum gets out).
- After the online forms are filled, contacting the Real Estate Commissions in FL with the assistance of a 40+ year successful real estate agent/friend of the family.
 
Last edited:

TheTimeTraveler

TUG Member
Joined
Jan 23, 2008
Messages
6,159
Reaction score
3,022
Location
Florida
It was signed in February sadly.
I didn't know about this timeshare until today, and demanded to see the contract. Asked if they told her and explained certain parts and she didn't have a clue.


Unless she was incompetent to sign a contract then she officially owns the timeshare. Rescission rights last for days (not months).

It is important that your mother (or yourself) do not fall for anyone who tells you they can get you out of it. They'll charge you a big fee upfront and suddenly magically disappear. Big scam!

Best of luck!






.
 

TUGBrian

Administrator
Joined
Mar 24, 2006
Messages
23,279
Reaction score
9,056
Location
Florida
would file your complaint with the florida attorney general if you feel she was mistreated and or can prove some wrongdoing there!
 
Joined
Apr 4, 2024
Messages
39
Reaction score
4
Unless she was incompetent to sign a contract then she officially owns the timeshare. Rescission rights last for days (not months).

It is important that your mother (or yourself) do not fall for anyone who tells you they can get you out of it. They'll charge you a big fee upfront and suddenly magically disappear. Big scam!

Best of luck!






.
In this instance she was incompetent because she couldn't understand the documents they were telling her to sign. They told her one thing, omitted important information, then decided to provide her with a Spanish version after 3 hours.
They didn't bother providing her with a Spanish copy, and as she put it, they were "reading along and translating each page".
She's in her late 50's, has a 603 credit score, and is rather illiterate.

But I told her to avoid lawyers and exit companies. She seems to be listening.
 
Joined
Apr 4, 2024
Messages
39
Reaction score
4
would file your complaint with the florida attorney general if you feel she was mistreated and or can prove some wrongdoing there!
I was told using any kind of lawyer with this would be a bad idea.
What would be the difference between the FL attorney general and lawyer practiced in timeshares?
 

TUGBrian

Administrator
Joined
Mar 24, 2006
Messages
23,279
Reaction score
9,056
Location
Florida
the attorney general of a state is the government office tasked with consumer protection (among other things)...

a much different situation than a timeshare "attorney" despite the naming convention being close!


 

TheTimeTraveler

TUG Member
Joined
Jan 23, 2008
Messages
6,159
Reaction score
3,022
Location
Florida
I was told using any kind of lawyer with this would be a bad idea.
What would be the difference between the FL attorney general and lawyer practiced in timeshares?


One produces a bill that you (or your mother) pays. The other produces a bill that the state taxpayers pay (Attorney General).

Always start with the Attorney General's Office (Consumer Protection Division).






.
 
Last edited:

rickandcindy23

TUG Review Crew: Elite
TUG Member
Joined
Jun 6, 2005
Messages
33,770
Reaction score
10,268
Location
The Centennial State
Resorts Owned
Wyndham Founder; Disney OKW & SSR; Marriott's Willow Ridge and Shadow Ridge,Grand Chateau; Val Chatelle; Hono Koa OF (3); SBR(LOTS), SDO a few; Grand Palms(selling); WKORV-OF ,Westin Desert Willow.
Your mother's age is important as well. Elder abuse isn't just about kids abusing their parents or grandparents. I

Where did she buy, what did she buy? Florida has very strict laws in favor of the elderly. I am considered "old" at 69 but I am not old mentally (not yet, anyway). I have a good friend my age who has serious dementia and doesn't know her own kids and hasn't known them for five years.
 
Joined
Apr 4, 2024
Messages
39
Reaction score
4
Your mother's age is important as well. Elder abuse isn't just about kids abusing their parents or grandparents. I

Where did she buy, what did she buy? Florida has very strict laws in favor of the elderly. I am considered "old" at 69 but I am not old mentally (not yet, anyway). I have a good friend my age who has serious dementia and doesn't know her own kids and hasn't known them for five years.
She's nearing 60. She signed up for a loan that was poorly explained and the notary did not accurately translate it, for Exploria Resort Club resorts in Orlando FL.
Not sure if she's considered elderly, but hoping that by speaking to the AG, they'll hear her out in regards to Exlplorias notary not accurately translating and ommiting important information.
 

jp10558

TUG Member
Joined
Oct 31, 2022
Messages
1,446
Reaction score
966
Location
Southern Tier NY
Resorts Owned
HGVC Seaworld
Wyndham Smoky Mountains
Foxrun Lake Lure
Why do people sign contracts they don't understand? IDK, but it happens all the time. I would strongly also tell her to never again sign a contract she doesn't understand, and there's nothing that is that time limited (that is legit) that she couldn't take to a lawyer she pays to explain it to her before signing. And if she doesn't feel it's worth that money to the lawyer, that's another flag to just skip it IMHO.
 

rickandcindy23

TUG Review Crew: Elite
TUG Member
Joined
Jun 6, 2005
Messages
33,770
Reaction score
10,268
Location
The Centennial State
Resorts Owned
Wyndham Founder; Disney OKW & SSR; Marriott's Willow Ridge and Shadow Ridge,Grand Chateau; Val Chatelle; Hono Koa OF (3); SBR(LOTS), SDO a few; Grand Palms(selling); WKORV-OF ,Westin Desert Willow.
I don't know what Exploria is exactly, but I would bet it's like Sapphire Resorts or Capital Vacations, where they move into older resorts and then make up some point system to book and sell points in that system.

I highly recommend that you file a complaint with the FL Attorney General. I remember when the now retired FL Attorney General contacted me over some complaints I had about one timeshare company that was changing rules on renting.

Most likely, the resorts in the Exploria system are so-so resorts (I think Summer Bay is in that bunch). Some might be nice, but it's nothing I would ever buy or consider buying into for any price (even free). I hope you will take the time to file a complaint with FL's AG. You can actually do it online.
 

ScoopKona

Guest
Joined
May 7, 2008
Messages
6,347
Reaction score
3,897
Location
Monkey King Coffee - Captain Cook, Hawaii
She's nearing 60. She signed up for a loan that was poorly explained and the notary did not accurately translate it, for Exploria Resort Club resorts in Orlando FL.
Not sure if she's considered elderly, but hoping that by speaking to the AG, they'll hear her out in regards to Exlplorias notary not accurately translating and ommiting important information.

The chances of anything positive happening are slim. Florida is a hopelessly-corrupt state. Timeshare companies have been operating this way in Florida
for 50 years and nothing has even been done about it.

Assuming you do not get any relief from the state government (and you should assume this), you have two choices:

1) Learn to use what you now own and make the best of it.
2) Don't pay. Stop paying. Don't send them any more money. Any money already spent is gone. Forget trying to recover it. (You'll spend even more money and not recover anything.) If the timeshare company has your mother's credit card information, cancel that card and get a new one. They will call and harass mom for money. They will threaten legal action, foreclosure, and reporting to credit agencies. And yes, mom will likely see her credit score hit with a foreclosure.

Those are your only two options. The longer you let this go, the more it's going to cost. If I was in this position -- with a timeshare I don't want and lacking the funds to pay for it -- I would rip the band-aid off immediately. Deal with the short-term financial pain and walk away.
 
Joined
Apr 4, 2024
Messages
39
Reaction score
4
Why do people sign contracts they don't understand? IDK, but it happens all the time. I would strongly also tell her to never again sign a contract she doesn't understand, and there's nothing that is that time limited (that is legit) that she couldn't take to a lawyer she pays to explain it to her before signing. And if she doesn't feel it's worth that money to the lawyer, that's another flag to just skip it IMHO.
Because the notary who was translating reassured her that she was accurate in her verbal translation and seemed like a "good person".
Makes me wanna swan dive off a bridge. This is the thing I wanted to deal with. This is the worst thing she could've done to herself and her family.
 
Joined
Apr 4, 2024
Messages
39
Reaction score
4
The chances of anything positive happening are slim. Florida is a hopelessly-corrupt state. Timeshare companies have been operating this way in Florida
for 50 years and nothing has even been done about it.

Assuming you do not get any relief from the state government (and you should assume this), you have two choices:

1) Learn to use what you now own and make the best of it.
2) Don't pay. Stop paying. Don't send them any more money. Any money already spent is gone. Forget trying to recover it. (You'll spend even more money and not recover anything.) If the timeshare company has your mother's credit card information, cancel that card and get a new one. They will call and harass mom for money. They will threaten legal action, foreclosure, and reporting to credit agencies. And yes, mom will likely see her credit score hit with a foreclosure.

Those are your only two options. The longer you let this go, the more it's going to cost. If I was in this position -- with a timeshare I don't want and lacking the funds to pay for it -- I would rip the band-aid off immediately. Deal with the short-term financial pain and walk away.
I don't think she gave them her credit card information yet, but wouldn't not paying result in a lawsuit and collections too?
 

rickandcindy23

TUG Review Crew: Elite
TUG Member
Joined
Jun 6, 2005
Messages
33,770
Reaction score
10,268
Location
The Centennial State
Resorts Owned
Wyndham Founder; Disney OKW & SSR; Marriott's Willow Ridge and Shadow Ridge,Grand Chateau; Val Chatelle; Hono Koa OF (3); SBR(LOTS), SDO a few; Grand Palms(selling); WKORV-OF ,Westin Desert Willow.
Florida is not a hopelessly corrupt state. That's ridiculous.
 
Joined
Apr 4, 2024
Messages
39
Reaction score
4
the attorney general of a state is the government office tasked with consumer protection (among other things)...

a much different situation than a timeshare "attorney" despite the naming convention being close!


Sorry to bother, but does this sound like material misinterpretation? Apparently it's considered fraudulent activity in FL when it comes to timeshares:

So far:

- C was invited to a resort for opportunities, promised with a pay of $200 for listening in
- C asked my mum to join her
- This took place in FL, my mum and C are from KY
- A Spanish speaking Exploria Resorts sales person presented the opportunities of being part of the resort for 3 hours, not giving C or my mum any time to consider.
NO CONTRACT WAS PRESENT FOR THE 3 HOUR SALES PITCH
- The promise was only $250 a month and some static maintenance fees, and that was all they had to worry about.
- The total was $14k for the property. No discussion of interest rate, or the $15k 16.90%. interest
- After C and my mum said they may consider, the sales person brought in the notary.
- The notary acknowledged that they spoke Spanish and my mum did not speak or read in English
- This was when the contract was finally presented. Again, the sales person did not discuss anything in the contract accurately, and no contract to go over was present during the 3 hours.
- The notary did not have a legal translator present to go over the contract
- The notary did not discuss the contract and simply asked them to sign promising that the contract just had what the sales person discussed



What is being done:
- Told my mum to not hire a timeshare lawyer and to avoid exit companies
- The sales person said that the notary would be fine with making C the one paying from a credit in an attempts to remove joint responsibility for the contract, but obviously my mums social remains and she can still be affected if C doesn't pay on time or pay.
- My mum has not provided a credit card to Exploria, but C has.
- Contacted the General Attorney in FL
- Am in the process of filing out an online form as directed by the GA.
- Will be adding links providing similar tactics and cases scattered online regarding Exploria, suggest further investigation in hopes of launching a CAL in the future (this is gonna be my goal regardless of whether or not my mum gets out).
- After the online forms are filled, contacting the Real Estate Commissions in FL with the assistance of a 40+ year successful real estate agent/friend of the family.

Sorry for the long message, I wanna make sure I'm standing in all fronts.

*Edited for typos
 
Last edited:
Joined
Apr 4, 2024
Messages
39
Reaction score
4
Florida is not a hopelessly corrupt state. That's ridiculous.
It is, but these timeshares seem to function as their own entity hoping that people signing don't know the law at all.
From the interaction with my mum, Exploria definitely broke some laws when presenting the sales pitch and the contract.
Florida has laws against this to protect people who get into timeshares for material misinterpretation, which they consider fraudulent activity.
So while timeshares are airtight, they can still be hurt if people know how to tackle this.

My mums situation is unique because she only speaks and reads in Spanish, and FL state law requires a legal translator to be present for any contract, especially if the contract is in English.
Regardless, the notary did not show up until the end with the contract, did not discuss or revise the contract, and provided no translation for my mum, knowing she didn't speak English.
 

easyrider

TUG Review Crew: Elite
TUG Member
Joined
Aug 21, 2005
Messages
16,156
Reaction score
8,907
Location
Palm Springs of Washinton
Resorts Owned
Worldmark * * Villa Del Palmar UVCI * * Vacation Internationale*
I don't think she gave them her credit card information yet, but wouldn't not paying result in a lawsuit and collections too?

It might but would it matter considering your moms financials anyway. There might be collection efforts which could affect her credit score but does she need a good credit score at 60 ? Letting them take it back seems like a decent alternative from what you said in your posts.

Bill
 
Joined
Apr 4, 2024
Messages
39
Reaction score
4
It might but would it matter considering your moms financials anyway. There might be collection efforts which could affect her credit score but does she need a good credit score at 60 ? Letting them take it back seems like a decent alternative from what you said in your posts.

Bill
It matters because she's not retired.
She's low income, and plans on getting a house in 2 years.
They didn't tell her it was a mortgage, they told her it was a subscription. They didn't present the contract until the end with no legal translator to revise it.
If she doesn't get out of this, I'm stuck with it.
 

rickandcindy23

TUG Review Crew: Elite
TUG Member
Joined
Jun 6, 2005
Messages
33,770
Reaction score
10,268
Location
The Centennial State
Resorts Owned
Wyndham Founder; Disney OKW & SSR; Marriott's Willow Ridge and Shadow Ridge,Grand Chateau; Val Chatelle; Hono Koa OF (3); SBR(LOTS), SDO a few; Grand Palms(selling); WKORV-OF ,Westin Desert Willow.
It matters because she's not retired.
She's low income, and plans on getting a house in 2 years.
They didn't tell her it was a mortgage, they told her it was a subscription. They didn't present the contract until the end with no legal translator to revise it.
If she doesn't get out of this, I'm stuck with it.
No, you are not stuck with it. You didn't sign anything. This is not your debt.
 
Joined
Apr 4, 2024
Messages
39
Reaction score
4
No, you are not stuck with it. You didn't sign anything. This is not your debt.
She is my mother. She's not very intelligent or capable to live on her own. For my entire life I've been helping her, just like she starved herself to feed me when I was a child. This is no different.

She got herself into a situation where a group of people lied and misled, pitching false promises and omitting important information. She doesn't know what to do or where to go from here.
If this hurts her significantly, I'm left with the pieces. I'd have to house her, feed her, etc. I can hardly help myself atm.
 

zentraveler

TUG Review Crew: Veteran
TUG Member
Joined
Nov 20, 2008
Messages
1,595
Reaction score
963
Location
San Francisco and Hidden Valley Lake, CA
Resorts Owned
Four Seasons Residence Club
She is my mother. She's not very intelligent or capable to live on her own. For my entire life I've been helping her, just like she starved herself to feed me when I was a child. This is no different.
I think the point is that your credit and credit score are your own, and your mother's are hers, and you do not have actual liability for her debt (unless you have made some other financial arrangement), irrespective of how you wish to care for her in the future.

Preserving your credit can be helpful to her so it would seem that following the advice you have been given about walking away from this would be prudent. Then at least you can help her buy a house.
 
Last edited:
Top